Legal Opinion
Banjo Buddies, Inc. v. Joseph F. Renosky
Court of Appeals for the Third Circuit
Decided February 22, 2005No. 03-2038, 03-2107PublishedCited by 82 opinions
1Opinion of the Court
OPINION
ROTH, Circuit Judge.
This appeal requires us to decide whether a showing of willful infringement is a prerequisite to an accounting of a trademark infringer’s profits for a violation of section 43(a) of the Lanham Act. We hold that wilfulness is an important equitable factor but not a prerequisite to such an award, noting that our contrary position in SecuraComm Consulting Inc. v. Securacom Inc., 166 F.3d 182, 190 (3d Cir.1999), has been superseded by a 1999 amendment to the Lanham Act. We further affirm the District Court’s resolution of several other damages issues, with a single…
2Cases cited20 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Russello v. United StatesSupreme Court of the United States · 1983
- First National City Bank v. Banco Para El Comercio Exterior De CubaSupreme Court of the United States · 1983
- CTS Corp. v. Dynamics Corp. of AmericaSupreme Court of the United States · 1987
- United States v. Wong Kim Bo, A/K/A Yee Kuk Ho, Etc.Court of Appeals for the Fifth Circuit · 1972
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3Cited by82 opinions
- Marshak v. TreadwellCourt of Appeals for the Third Circuit · 2009
- Stone Creek, Inc. v. Omnia Italian Design, Inc.Court of Appeals for the Ninth Circuit · 2017
- La Quinta Corp. v. Heartland Properties LLCCourt of Appeals for the Sixth Circuit · 2010
- World Entertainment Inc v. Andrea BrownCourt of Appeals for the Third Circuit · 2012
- Covertech Fabricating, Inc. v. TVM Building Products, Inc.Court of Appeals for the Third Circuit · 2017
77 more not listed; retrieve them via the Exa API.